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Complying with a Court of Appeals ruling—and taking no new information—the Boone Board of Adjustment late yesterday afternoon met the court’s order in the issue of a special use permit that would have allowed construction of a medical clinic at 315 State Farm Road.
Phil Templeton, who has sought the special use permit, issued a statement this afternoon, saying that the Board of Adjustments erred by not providing sufficient findings of fact to support their denial of the permit almost 6 years ago, and he said this case has cost taxpayers tens of thousands of dollars in legal fees and that thousands of additional taxpayer dollars will likely be spent before the case is resolved. He said that the case now goes back to Watauga Superior Court and will possibly be heard again by the Court of Appeals—possibly even the North Carolina Supreme Court. Attorney Tony de Santi requested for Templeton to incorporate a new statement of facts from Templeton on the matter, but the board refused, saying they only wanting only to comply with the court order, according to Chairman Rich Crepeau.. The matter was first put before the town in 2007, was denied, then was ordered for reconsideration by the Court of Appeals. In 2009, again, the matter was returned by the courts to Boone after finding issues with the town’s process—that for allowing additional findings of fact. It would appear that it will find its way back to court again.